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2021 (9) TMI 307 - HC - Income TaxUnabsorbed depreciation set off against capital gains in any Assessment Year prior to 2001-2002 - Period of limitation for carrying forward of Unabsorbed depreciation loss prior to assessment year - beyond the eight year period mandated under the provisions of Section 32 - HELD THAT - It is not in dispute that the substantial question of law framed for consideration has been answered against the Revenue in the case of CIT Vs. Best Crompton Engineering Ltd. 2021 (8) TMI 515 - MADRAS HIGH COURT once the Circular No.14 of 2001 clarified that the restriction of 8 years for carry forward and set off of unabsorbed depreciation had been dispensed with, the unabsorbed depreciation from A.Y.1997-98 upto the A.Y.2001-02 got carried forward to the assessment year 2002-03 and became part thereof, it came to be governed by the provisions of section 32(2) as amended by Finance Act, 2001 and were available for carry forward and set off against the profits and gains of subsequent years, without any limit whatsoever. - Decided against the Revenue.
Issues:
1. Appeal filed under Section 260A of the Income Tax Act, 1961 against an order regarding unabsorbed depreciation set off against capital gains prior to 2001-2002. Analysis: The High Court of Madras addressed the issue of whether unabsorbed depreciation could be set off against capital gains in any Assessment Year prior to 2001-2002. The Court considered the case of CIT Vs. Best & Crompton Engineering Ltd., where the substantial question of law was answered against the Revenue. The Court referred to various judgments, including the case of CIT v. Bajaj Hindustan Ltd. by the Bombay High Court, where the issue was considered following the decision in the case of CIT v. Hindustan Unilever Ltd. The Court also highlighted a circular by the Central Board of Direct Taxes, which clarified the set-off of unabsorbed depreciation against income under any other head, even if the business was not carried on. The Court mentioned the decision of the Punjab & Haryana High Court in the case of CIT v. G.T.M. Synthetics Ltd., emphasizing the dispensation of the condition of the continuance of the same business for the purpose of carry forward and set-off of unabsorbed depreciation. Furthermore, the Court discussed the decision of a Division Bench of the Bombay High Court in the case of Pr. CIT v. Gunnebo India (P.) Ltd., where the issue was considered in favor of the assessee. The Court highlighted that the total depreciation comprising of the depreciation of the relevant assessment year along with the unabsorbed depreciation of earlier years becomes the total current year's depreciation, which is allowed to be set off against income under any head, including long-term capital gain. The Court also referred to the decision of the Gujarat High Court in the case of General Motors India (P.) Ltd., which provided insights into the treatment of unabsorbed depreciation and its carry forward under the provisions of section 32(2) as amended by Finance Act, 2001. In conclusion, the High Court of Madras upheld the decision of the Appellate Tribunal and dismissed the tax case appeal, answering the substantial question of law against the Revenue. The Court's analysis of various precedents and legal provisions supported the allowance of unabsorbed depreciation to be set off against income under different heads, emphasizing the amendments and clarifications provided by the relevant circulars and judgments.
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